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Terms of Service

Terms of Service

This is the Terms of Service for Web sites and mobile applications owned or operated by Colorado Springs Gazette LLC (“The Gazette”), located at 30 E. Pikes Peak Avenue, Suite #100, Colorado Springs, CO 80903, on which these Terms of Service are posted (collectively, the “Sites” and each individually referred to herein as a “Site”), The Gazette’s owned or operated mobile applications (the “Mobile Applications”) on which these Terms of Service are posted, and where indicated, as applicable to our print publications. The Mobile Applications and Sites, as well as any software or functionality offered on or through our Sites, including without limitation APIs or RSS feeds, our digital editions, email newsletters, and any software or functionality offered on or through our Sites, are defined collectively as our “Digital Services,” and are collectively referred to, together with our print publications and any other products or services described below, as our “Services.” These Terms of Service ("Terms of Service") set forth the terms and conditions under which you are authorized to use the Services. To the extent rules or guidelines affecting your use of the Services are found elsewhere in the Services, those rules and guidelines are hereby incorporated by reference into these Terms of Service. By using any of the Services you (hereinafter either "you" or "User") agree to these Terms of Service. If you do not agree to these Terms of Service, you should immediately cease all usage of our Services.

We reserve the right, at any time, to modify, alter, or update these Terms of Service without prior notice. You are encouraged to check the Services regularly for changes to the Terms of Service. Modifications shall become effective immediately upon being posted at the applicable Service, without further notice to you. Your continued use of any Service after such modifications are posted constitutes an acknowledgement and acceptance of such modifications. Except as provided in this paragraph, these Terms of Service may not be amended.

ARBITRATION AND CLASS WAIVER NOTICE

Please note that these Terms of Service contain an arbitration clause and class action wavier (see "Dispute Resolution, Arbitration, Class Waiver" section below). Through your agreement to these Terms of Service: (i) you and The Gazette agree to resolve through binding, individual arbitration, and not in court, any and all disputes arising from or relating to these Terms of Service, the Services, or any other services or products provided, sold, purchased, managed, operated, or fulfilled by The Gazette; and (ii) you and The Gazette each expressly waive any rights to enforce this agreement in court or as a class, subject to the limited exceptions described below. THIS MEANS THAT ALL DISPUTES WILL BE DECIDED BY AN ARBITRATOR AND YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY, AS WELL AS THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

Description of Services

Our Services feature a wide array of intellectual property content, including but not limited to, news, information, photographs, audio, video, and user-generated content (collectively “Content”). Our offline Services include our print publications, events we may host or sponsor from time to time, and other products or services we may offer which are not included within the scope of our Digital Services. To the extent new Content, services, or features are added to the Services in the future, the use thereof is subject to these Terms of Service.

Privacy Policy

Our Privacy Policy describes the information we collect and process when you and others use our Services or otherwise interact with us, as well as how we use the information, and some of the steps we take to protect your privacy. By using any of our Services and therefore agreeing to these Terms of Service, you are also consenting to our use of your personal information in accordance with our Privacy Policy.

Disclaimer of Warranties and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE GAZETTE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE GAZETTE IS NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, OR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS, PAYMENT METHODS, OR COMMUNICATIONS. UNDER NO CIRCUMSTANCES, WILL THE GAZETTE, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, SHAREHOLDERS, OR LICENSORS, NOR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “GAZETTE PARTIES”), BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF THE SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS, OR LOSS OR MISUSE OF PAYMENT OR FINANCIAL ACCOUNT DATA. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY GAZETTE PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE GAZETTE PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold the Gazette Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your use of any Service, including without limitation your actual or alleged violation of these Terms of Service, or infringement of a third party’s intellectual property or other rights by you or another user of any Service using your computer or account. Modifications and Interruption to the Services

Modification or Discontinuation of Services

The Gazette reserves the right to modify or discontinue all or any portion of the Services with or without notice to you. The Gazette shall not be liable to you or any third party should The Gazette exercise such right. You acknowledge and accept that The Gazette does not guarantee continuous, uninterrupted or secure access to the Services, that operation of the Services will not be uninterrupted or error free, and that usage of our Services, may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third Party Sites and Services

Our Digital Services include links to other sites on the Internet that are owned and operated by third parties, and certain content and functionality on or available through our Digital Services may be provided by third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the Terms of Service and privacy policies of each site, and we are not responsible therefore. We encourage our users to review the Terms of Service and privacy policies of third-parties' sites. In addition, our Digital Services contain certain features and functionality provided and managed by third parties, including without limitation technology for processing payments. The Gazette Parties do not guarantee, and will not be liable for, any defects in or damages caused by such third party functionality.

Your Obligations

As a condition of your right to use the Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Services and accessing the Content under the laws of the United States or other country.

Subscriptions and Registration

Most sections of our Sites and our Mobile Applications may be used and/or downloaded free of charge, however, certain Content (such as the Digital Newspaper) may only be available to registered users or those with a valid subscription to one of our Services. Certain features of our Digital Services will require you to register by providing your personal information, such as your name, e-mail address, mailing address, or other information, as well as your agreement to applicable subscription terms, and some subscriptions will also require payment. For example, to place a classified advertisement on our Service, you will need to complete a registration form provided by one of the service providers managing our Service’s classified and other advertising (our “Advertising Providers”). Because we have different Advertising Providers for various categories of advertisements, it is possible that you may need to complete more than one order or registration form to place your ads in various categories. In order to purchase an obituary on our Services, you will need to register with the third party provider of that service on our Site or Mobile Application. In addition, you may need to complete different registration forms on our various Sites to sign up to receive our e-mail newsletters, or for other purposes. You may also need to complete different processes to unsubscribe from certain email communications from different Sites, or to delete or modify your registrations on different Digital Services. Please see the “Contact Us” or similar page on our various Sites to locate the correct point of contact for your questions.

If you wish to register for any of our Services you agree to provide accurate, current and complete personal data and information about yourself (such as name, age, e-mail address, etc.) as required by the applicable registration form, and further agree that you will update such data to keep it accurate, current and complete. The Gazette reserves the right to suspend or terminate your use of the Services if it discovers, or has a reasonable basis to believe that any of the data you have provided is inaccurate, incomplete or untrue. If you obtain a username and password from your registration for any of our Services, you may not share your username and password with any other person or authorize any other person to use your username and password. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to notify The Gazette immediately of any known or suspected unauthorized use of your username and password or any other breach of security. The Gazette cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your username and password.

User-Submitted Content and User Conduct

Any Content uploaded, posted, submitted, or otherwise made available by individual users of the Services, including without limitation classified ads, obituaries, postings on message boards or blogs, or other content which does not originate with The Gazette (“User Content”), is the sole responsibility of the person who made such User Content available on the Service. Under no circumstances will The Gazette be liable in any way for any User Content made available through the Services by you or any third party. Since The Gazette does not necessarily review or control the User Content posted on the Services, it cannot and does not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of that User Content. You also agree and understand that by accessing the Services, you may encounter Content that you may consider to be obscene, improper, or for other reasons deemed objectionable. The Gazette has no responsibility for any User Content, including without limitation any errors or omissions therein. The Gazette is not liable for any loss or damage of any kind you claim was incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Services, whether by The Gazette, individual users of the Services, or third party contractors or licensors of The Gazette. If you post comments on our Digital Services, you further agree to comply with our commenting policy: .

You agree that you will not use any Digital Service to transmit or make available any Content that:

  • violates any laws, contains any threats, is abusive, tortuous, harassing, vulgar, obscene, indecent, violates any person's rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise objectionable;
  • infringes any intellectual property rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights; contains any private information about an identifiable person without that person's permission, or any content soliciting any personal or private information from any individual under the age of 18;
  • you know or have reason to know is false, misleading, or fraudulent;
  • you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); contains forged headers or employs other techniques whose purpose is to disguise the origin of the Content submitted;
  • with the exception of permitted classified ads where applicable, contains any unsolicited or unauthorized advertising, promotional materials, or material which can be characterized as "junk mail," "spam," "chain letters," "pyramid schemes," "Ponzi schemes" or similar material, or any information posted primarily for advertising, promotional, or other commercial purposes, including without limitation any request for or solicitation of money, goods, or services for private gain;
  • incorporates within it any software viruses or any other computer code, files or programs whose purpose or function is to interrupt, destroy or otherwise impair the operability of any software or hardware or telecommunications equipment;
  • contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.

You further agree not to use any of the Digital Services to:

  • engage in any conduct which might be harmful to minors;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • engage in or facilitate any conduct that is deemed, or found by any court or similar agency, to constitute "stalking" or otherwise harassing conduct aimed at another person or entity;
  • engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

In addition, you are prohibited from interfering with or disrupting the Digital Services, or servers or networks connected thereto. The Gazette reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any Content that is posted on the Digital Services. You agree that the exercise by The Gazette of such discretion shall not convert or transform User Content to Content owned or provided by The Gazette, and the user who made such User Content available on the Digital Service will retain ownership thereof as described below. With respect to any information you provide to The Gazette, including personal data and information, you agree and accept that The Gazette may retain, maintain and/or disclose such information and User Content in accordance with our Privacy Policy.

Ownership of User Content

If any User Content is your original work, then you own the copyright in that work. The Gazette does not claim any copyrights in original works created and posted by individual visitors to any Digital Service. However, by uploading, posting, transmitting or otherwise making any User Content available on or through a Service, you are granting The Gazette, and its parent, subsidiaries, and affiliates, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Content in any medium or form (including without limitation our print publications), without any obligation of notice, attribution or compensation to you. For clarity, Feedback and News Tips are not considered to be User Content for purposes of this paragraph, and the ownership and rights of these unique submissions is described in the next paragraph.

Ownership of Feedback and News Tips

The Gazette welcomes your comments and feedback regarding the Services. All information and materials submitted to The Gazette through any Digital Service or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to any Service or the business of The Gazette (collectively, "Feedback"), or any information, leads or tips regarding newsworthy matters (“News Tips”) will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but The Gazette reserves the right to treat any such Feedback and News Tips as the confidential information of The Gazette. For this reason, we ask you not to send us any information or materials that you do not wish to assign to us, including, without limitation, any confidential information or any original creative materials such as product ideas, computer code, or original artwork. By submitting Feedback or News Tips to The Gazette, you assign to The Gazette, and its parent, subsidiaries, and affiliates, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback and News Tips. The Gazette will be entitled to use any Feedback or News Tips you submit to it, and any ideas, information, concepts, know-how or techniques contained in any such Feedback or News Tips, for any purpose whatsoever, including but not limited to creating Content, or developing, manufacturing and marketing products and services using such Feedback or News Tips, without attribution to you, without restriction and without compensating you in any way. You are responsible for the information and other Content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.

Disclaimer Regarding Accuracy of Content

Some of the Content on the Services, including without limitation User Content, has been provided by or obtained from parties other than The Gazette. The Gazette Parties make no representations or warranties as to the accuracy or reliability of any Content on the Services created or provided by third parties, or with regard to any product or service provided or offered by any vendor or other third party on the Services (including without limitation advertisers and individuals or entities placing advertisements) and you acknowledge that any reliance on representations and warranties provided by any party other than The Gazette shall be at your own risk. You expressly agree to hold The Gazette Parties harmless for any claims of damage arising from any product or service provided by any third party.

Classified Advertisements

The classified advertising on some of our Services is managed by Classified Advertising Providers which may or may not be identified on the page where such advertisements are located. We reserve the right to change our Classified Advertising Providers at any time without notice to you. Submission of a classified advertisement for publication on any of our Services does not constitute a commitment on the part of The Gazette or our Classified Advertising Providers to publish the advertisement, and publication of an advertisement does not constitute an agreement from The Gazette or our Classified Advertising Providers for continued publication. The Gazette and our Classified Advertising Providers reserve the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in their sole discretion. Rates and specifications are subject to change. Purchase or submission of Classified Advertisements may be subject to additional terms and conditions located on the applicable pages of the Services.

Obituaries

elements of the obituary section on our Services are managed by a third party service provider. We are not responsible for any features or functionality of these pages to the extent provided by that service provider. Content posted in the obituary section is considered User Content. If you need support or have questions regarding the obituary section, please contact our Customer Support department as listed below. Submission of an obituary for publication on any of our Services does not constitute a commitment on the part of The Gazette or our obituary provider to publish the obituary, and publication of an obituary does not constitute an agreement from The Gazette or our obituary provider for continued publication. The Gazette and our obituary service provider reserve the right to edit, reclassify, revise, reject or cancel any obituary at any time, in their sole discretion. Rates and specifications are subject to change. Purchase or submission of an obituary package may be subject to additional terms and conditions.

Online Stores

Our Digital Services may provide access to online stores or other areas where you may purchase products or services. Some of those areas, including payment processing, are operated on our behalf by third parties, and may be subject to the Terms of Use and/or Privacy Policies of those parties. The Gazette is not responsible for any aspect of these third-party service providers or websites, including any purchases made on those sites, or outside of our Digital Services. Please review any terms and conditions that may apply if and when you visit these online stores or other areas operated by third parties.

Copyright and Trademark Information

Any license grants in these Terms of Service are between you and The Gazette, and not any other third-parties. No title to or ownership of any Content or any materials within our Services is transferred from The Gazette to you by these Terms of Service. All Content included or available on the Services, including our Service’s software code, design, text, graphics, interfaces, and the selection and arrangements thereof is copyright The Colorado Springs Gazette LLC or its subsidiaries and/or its third party licensors, with all rights reserved, and is protected by the intellectual property rights of those owners. Any use of materials on the Services, including without limitation reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of The Gazette, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of an authorized officer of The Gazette. You may use the Content solely for your personal, non-commercial use, except that (i) a commercial web site is permitted to integrate and display our RSS feeds and APIs subject to these Terms of Service, and otherwise link to the Digital Services provided that the web site page on which such feeds or links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by The Gazette, and (ii) commercial entities may place classified advertisements or may otherwise advertise or enter into promotional arrangements on or with our Services, subject to entering an applicable agreement with The Gazette. You may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. However, if you need reprints of any of The Gazette articles or photos for commercial use, please email customercare@gazette.com. You may not make any use of Content owned by any third parties which is available on our Services, without the express consent of those third parties.

All Content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. Based on the presence of this notice of copyright ownership, any infringement of the protected Content of the Services will be deemed by The Gazette to be an intentional infringement. All trademarks displayed on the Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with The Gazette.

AP Content

The following provision applies to all visitors (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital content). By accessing any of our Services, you specifically acknowledge and agree that: (i) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium, and shall be subject to all terms and conditions made available at the AP Terms and Conditions web page available here; (ii) No Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) The Associated Press will not be held liable for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (iv) The Associated Press is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (v) The Associated Press reserves the right to audit possible unauthorized commercial use of AP materials or any portion thereof at any time.

Notification of Claimed Copyright Infringement

In the event that you find Content posted on the Services which you believe to be an infringement of the copyright ownership or other intellectual property rights of you or any third party, you are requested to immediately contact The Gazette’s Copyright Agent as described below. To report any alleged infringement, you may contact us in writing by providing a signed statement containing the following information:

  1. your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner
  2. a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
  3. a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
  4. if your claim is based on a registered work, the trademark, patent, or copyright registration number, and the date of issuance of the registration;
  5. a description of the infringing material and, if online, the URL where such material is located on the Digital Service, or a description of where on our Service you found such material;
  6. your written statement that you believe, in good faith, that the use of the work on our Service has not been authorized by the true owner of the work, its agent, or as a matter of law; and
  7. a statement that all of the information you have provided is true.

Please send your notice of alleged infringement to: Copyright Agent, The Colorado Springs Gazette LLC 30 E. Pikes Peak Avenue, Suite #100, Colorado Springs, CO 80903 Fax: 719-636-0224 E-mail copyright@gazette.com. In accordance with the Digital Millennium Copyright Act (“DMCA”), it is our policy to remove infringing content from our Digital Services pursuant to the DMCA, and to terminate use of our Digital Services by repeat infringers in appropriate circumstances.

Links to the Site, RSS Feeds and APIs

Unless otherwise prohibited under these Terms of Service, you are hereby licensed to create hyperlinks to the content on the Sites, provided that the hyperlink accurately describes the content as it appears on the Site. You are further granted a right to implement the RSS feeds or APIs offered by our Sites, solely in the manner described on our Digital Services or if you have entered into an agreement with us for such use.

Under no circumstances may you "frame" the Sites or any of their Content or copy portions of the Sites to a server, except as part of an Internet service provider's incidental caching of pages. When a page of our Sites is accessed from a link (including RSS feeds) featured on your web site, each page within our Sites must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the Site, and without any interstitial pop-ups or web pages loading before the applicable target page is accessed. The Gazette reserves the right to revoke these licenses generally, or your right to use specific links, RSS feeds or APIs, at any time, with or without cause.

Permitted Use of Mobile Applications

Our Mobile Applications are protected by copyright and may not be sold, redistributed, copied, made available to the public, or part of a derivative work created by you without the express written consent of The Gazette. You may not attempt to decompile, reverse engineer, disassemble or otherwise modify our Mobile Applications, or in any way compromise the security of data stored or transmitted by our Mobile Applications.

In-App Purchases

Our Mobile Applications may allow you to enter into a paid subscription or make other purchases through an “in-app purchase” at the cost indicated in the Mobile Application. If you choose to make a purchase using the in-app purchase functionality, the operator of the Mobile Application store (such as iTunes) will process your payment, subject to the Terms of Use and Privacy Policies of the processing party. The Gazette is not responsible for errors of these in-app purchase stores.

Mobile Devices & Third-Party Restrictions

If you access our Digital Services on mobile devices, or if you request that we send you text messages, you understand that your mobile carrier’s standard charges will apply.  You will only receive text message alerts from our Digital Services if you expressly agree to receive them. Standard/other text messaging rates apply, according to your wireless carrier’s rate plan, and we recommend that you review your plan for details. We will not be responsible for any text messaging or other charges incurred by you or by a person that has access to your wireless device or telephone number as a result of any text messages you receive based on requests from your device or account.

If you access our Digital Services through a mobile application or other type of third party platform, the applicable terms for the platform through which you downloaded the mobile application (including without limitation the Apple App Store or Google Play Store) may apply in addition to the terms of this Agreement and you agree that you are subject to such application or platforms terms in addition to these Terms of Service. Any Mobile Application installed from the Apple App Store must be installed on a device you control or own and must be used in accordance with the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Mobile Applications may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing. If you install a Mobile Application from the Apple App Store, The Gazette, not Apple, is responsible for: (1) the Content in the Mobile Application; (2) maintenance or support of any Mobile Application; (3) any product warranties, whether express or implied; (4) addressing any claims of the end-user or any third party relating to the Mobile Application or the end-user’s possession and/or use of that Mobile Application, including, but not limited to: (a) product liability claims; (b) any claim that the Mobile Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and, (5) the investigation, defense, settlement and discharge of any third party claim that the Mobile

Application or your possession and use of that Mobile Application infringes a third party’s intellectual property rights. Further, if you install a Mobile Application from the Apple App Store, you acknowledge that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service, and that, upon your acceptance of these Terms of Service, Apple will have the right (and you will be deemed to have accepted the right) to enforce the Terms of Service against you as a third party beneficiary thereof.

Dispute Resolution, Arbitration, Class Waiver

Any dispute arising out of or relating in any way to your use of our Services or any products, services, or information you receive through or in connection with our Services, shall be submitted to confidential, binding arbitration in Colorado Springs, Colorado, USA, or, at your election, in the county seat of the county within the USA where you reside. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms of Service may be joined with another arbitration related to the subject matter hereof. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Colorado Springs, Colorado, USA, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, to the extent enforceable by applicable law, we each waive any right to a jury trial.

The following processes shall govern the arbitration process:

  • Before commencing an arbitration, you agree to inform us of the nature of the claim and the relief you seek by sending an email to legal@gazette.com so stating.
  • Within seven (7) days, we will contact you and thereafter you and we will attempt to resolve the claim or issue in a satisfactory way.
  • If, following these attempts at exploring a resolution, you intend to proceed with an arbitration claim, you and we will seek to reach an agreement on the selection of an arbitrator to hear and decide the dispute and how it will be heard, including whether to submit the dispute to the arbitrator only in written form, by proceedings conducted via video or in-person.

 

In the event that you and we cannot agree on an arbitrator, the process set forth in Section 11(a) of the Uniform Arbitration Act, or any comparable provision in your state will be followed.

Governing Laws

The laws of the state of Colorado and the United States govern these Terms of Service and any claims arising out of or relating to use of the Services, without giving effect to any choice of law rules. We make no representation that our Services are appropriate, legal or available for use outside of the United States. With the exception of any matters subject to arbitration as described above, the state and federal courts located in Colorado Springs, Colorado will serve as the venue for any actions brought, or claims made, arising out of your use of our Services.

Compliance with Laws

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use our Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. By using any of our Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Other Terms

If any provision of these Terms of Service shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms of Service and any other agreements referenced herein may be assigned by The Gazette, in our sole discretion, to a third party in the event of a merger or acquisition. These Terms of Service shall apply in addition to, and shall not be superseded by, any Additional Terms or other written agreement between us in relation to your participation as a User. You agree and understand that these Terms of Service constitute the entire agreement between you and The Gazette regarding your use of the Services, and that any and all prior agreements between you and The Gazette are superseded by these Terms of Service. Notwithstanding the foregoing, the preceding sentence will not supersede any separate agreements you may enter into with The Gazette (including without limitation an advertising agreement, or an agreement to provide content for the Services such as through a blog or freelance author agreement). You may not amend these Terms of Service. Any failure by The Gazette to exercise its rights under these Terms of Service or to enforce the terms hereof will not constitute a waiver of those rights. If any term of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court in any event should try to give effect to the parties' intentions as reflected in the provision, and that all of the other provisions of these Terms of Service will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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Effective Date: These Terms of Service are effective as of May 14, 2024

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